What does the amendment mean? Does it refer to circumstances where the court refuses to confirm the interim barring order? Having heard and weighed the evidence of both parties, the court may conclude that it should not make the order. However, the application may not be without merit but merely fail to pass a particular threshold. If we introduce the undertaking as to damages we will actually change the nature of the discretion the court may exercise. Inevitably, once brought into the picture the courts will take it into account with regard to whether they should make the order in the first instance.